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  1. #1
    Join Date
    Feb 2009
    Location
    New York and Los Angeles
    Posts
    1

    Post Adulterated Video Evidence - Is It Grounds for an Appeal

    My question involves court procedures for the state of: New York

    My goal is to find that an 'adulterated video' admitted into a trial is ground
    for an appeal.

    I was exiting the common basement parking garage in my building when another tenant hit the remote and closed the garage door on my car causing damage. I was exiting right when he was coming in. He hit the remote button without noticing the garage door was already open. Consequently he closed the door on my car causing damage.

    Not having comprehensive coverage I asked the other tenant/driver for his name but he refused. I called 911 and when the police arrived he admitted hitting the remote button which was written into the policeman's report.

    The entire event was captured on multiple angles of CCTV. Right after the accident, the doorman came out of the building and told us the CCTV captured it. We then went to his station and watched the tape. It showed the other car arriving at the gate precisely as I was leaving and the garage door coming down on my roof.

    I saw it right after the accident but the building wouldn't help me at all and refused to give me a video tape. I tried to supeon it myself but wan't able too. (Next time get a 'supeona server' - don't try to get a friend to serve it).

    I wasn't too worried because I thought the police report was enough. Little did I know the police report was not allowed as evidence (heresay) (Next time: Supeona the officer)

    The building wouldn't provide a video too me but they gave an 'adulterated/doctored/ video clip to the other tenant who introduced it as evidence. They slowed it down considerably and only showed an angle of my car not both cars. The original accident is a slow 15 sec event. By slowing it down they suggested i had plenty of time to stop.

    I told the judge the tape was intentionally 'slowed down' to deceive the court. The accident was a slow event to begin with (15sec.) they slowed it down to 2 minutes.

    Right after I said that, the defendant's lawyer foolishly told the judge "I've seen the tape your honor it takes forever to watch." And then the defendant admitted it too but said by hitting a button repeatedly on his computer he could speed it up. So with him repeatedly hitting a button on his laptop he showed this video to the court.

    The judge dismissed the case and I lost. But can I appeal? I told the judge the video was 'doctored/ adulterated'. The defendants lawyer admitted this too on record. Isn't this ground enough for an appeal?

    A friend told me I might not be successful because I should have told the judge I objected to the video being admitted during the trial. In so many words, I did object as I explained that the video wasn't a true representation of the event...but I didn't utter the exact words "I object to this being shown."

    I need to find the law on adulterated/ inadmissable evidence as it pertains to video. (This is kinda rare - doctored video.)

    And I need to be able to cite some previous rulings on inadmissible video evidence in New York state. So I am going to the Law library tomorrow. If anybody could suggest or give a helpful pointer here I would really appreciate it.

    You might wonder why the building wouldn't help me and favored the other tenant by providing the doctored video. Both of them are friends.

    If anyone could help or point me in a helpful direction I would really appreciate. Thanks, I.C.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Adulterated Video Evidence - Is It Grounds for an Appeal

    I doubt you will succeed on appeal. You apparently did have the opportunity to show a larger portion of the video for context. You apparently did not object to the shorter clip, or to the manner in which the longer version was played back. You apparently also did not object to the full-length version. You did not obtain your own version to present, and apparently did not attempt formal discovery or a subpoena to obtain a copy before trial. You apparently also didn't seek discovery, assuming it was permitted in the court where the litigation occurred, to compel that the other side turn over any copy of its exhibits before trial. You knew of the full videotape before the trial, and you knew what was on it, so you can't claim that this is newly discovered evidence.

    I suspect the appellate court will view this as your wanting a "do over". It's your job to have your witnesses and evidences ready on the day of trial.

    I suspect that the real problem here is that the other side had the sense to get help from a lawyer and the lawyer took full advantage of your unfamiliarity with the legal process and rules of evidence - that's perfectly legal.

    Still, if you want to appeal, it appears to be the only path to recovery. Be aware, though, that appeals aren't easy, either.

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